Karnataka High Court
Anand S/O Dhanapal Patayit vs The State Of Karnataka on 2 July, 2024
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NC: 2024:KHC-D:9011
CRL.A No. 100220 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100220 OF 2024
(U/S 14 A(2) of SC and ST ACT)
BETWEEN:
ANAND S/O. DHANAPAL PATAYIT,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: YALPARATTI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
...APPELLANT
(BY SRI. GANAPATI M. BHAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
ITS A.S.I. RAIBAG POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH
CHANDRASHEKAR
LAXMAN
KATTIMANI
COURT OF DHARWAD.
KARNATAKA
2. SURESH S/O. SATYAPPA JALIHAL,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: HALASIDESHWAR THOT,
BADABYAKUD, TQ: RAIBAG,
DIST. BELAGAVI-591317.
...RESPONDENTS
(BY SRI.PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;
R2 - SERVED)
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NC: 2024:KHC-D:9011
CRL.A No. 100220 of 2024
THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF
SC/ST ACT, SEEKING TO SET ASIDE ORDER DATED 04.04.2024
IN CRL.MISC NO. 379/2024 (RAIBAG P.S. CRIME NO. 26/2024)
PASSED BY THE COURT OF THE III ADDL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI AND ALLOW THIS CRIMINAL
APPEAL BY ENLARGING THE APPELLANT HEREIN/ACCUSED
NO.1 AS FIR ON BAIL IN SPL C. NO.297/2024 (RAIBAG P.S.
CRIME NO. 26/2024) FOR AN OFFENCES P/U/SEC. 143, 147,
148, 307 R/W SEC. 149 OF IPC AND SEC. 3(1)(r), 3(2)(va),
3(2)(v) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT, 1989 AND AMENDMENT
ACT, 2015, PENDING ON THE FILE OF THE COURT OF THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri. Ganapati M. Bhat, learned counsel for the
appellant and Sri. Praveena Y. Devareddiyavara, learned
HCGP for the respondent No.1-State.
Brief facts of the case:
2. It is the case of the prosecution that the
complainant and injured were coming on the motorcycle
after attending the Court, the accused No.8 being a owner
NC: 2024:KHC-D:9011
of the car was coming along with other accused. Accused
No.1 was coming on his Royal Enfield Bullet bearing
No.KA-23-EP-8478 was following the accused. In the
meantime, accused No.8 came in his car and dashed the
motorcycle of the injured. Consequently, the rider of the
motorbike and the complainant sustained injury and
further they have been assaulted by the appellant and
others. Thereafter, they were shifted to the hospital for
treatment. At the time of taking treatment, SHO received
the complaint and registered a case in Crime No.26/2024.
After registering the case, conducted investigation and
submitted the charge sheet.
3. It is the submission of the learned counsel for
the appellant that the accused No.1 was going on his
motorcycle and the overt-act of the appellant has not
forthcoming either in the complaint or in the charge sheet.
Therefore, he may be enlarged on bail by imposing
suitable conditions.
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4. It is further submitted that the appellant is
permanent resident of Yalparatti, Raibag Taluk and he is
an agriculturist and he has to take care of his family
members and also he is the earning member of the family.
Making such submission, learned counsel for the appellant
prays to allow the petition.
5. Per contra, learned HCGP vehemently opposed
the bail petition and submitted that the accused No.1 also
assaulted the injured on their head, legs and arms and
caused injuries and also threatened them that they would
not be spared. It is further submitted that there are four
cases registered against the accused No.1. Therefore, he
is not entitled for any relief.
6. Having heard the learned counsel for respective
parties and also perused the averments of the charge
sheet, it appears from the complaint as well as averments
of the charge sheet that, there were some civil disputes
between the complainant and accused No.1 and 6. On
13.03.2024, after attending the Court, the injured along
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with 2 others were going to their respective houses on the
bike. In the meantime, the accused No.1 and others
followed them and accused No.8 dashed the motorcycle of
the injured. Consequently, the complainant and 2 others
fell down. Thereafter, all the accused assaulted the injured
and others and caused injuries. The allegation made
against appellant is that he assaulted on the head, legs
and arms of the injured. However, all the allegations made
against him are omnibus in nature. The averments of the
remand application would indicate that the accused No.7
stated to have abused the complainant and others by
mentioning their caste. Therefore, the appellant is entitled
for bail. Mere stating that accused No.1 assaulted all the
three injured is not sufficient unless it is specifically
mentioned the overt-act. Moreover, all the injured have
been discharged from the hospital and now the charge
sheet is also filed. Therefore, it is appropriate to enlarge
him on bail by imposing suitable conditions.
7. Hence, I proceed to pass the following:
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ORDER
The appeal is allowed.
The appellant is ordered to be enlarged on
bail on executing a personal bond for a sum of
Rs.2,00,000/- (Rupees two lakh only) with one
surety for the likesum, subject to the following
conditions:
a) The appellant shall not threaten the
prosecution witnesses and hamper the
proceedings of the Court.
b) The appellant shall not commit any similar
offences, or any other offences till disposal of
the case.
c) In case, if any such offences are committed,
then the liberty is reserved to the
jurisdictional Police or prosecution to file
proper application for cancellation of bail.
Sd/-
JUDGE
RKM
CT:ANB
